Marriage Law Brazil

Marriage in Brazil is a matter of local law of the province of the marrying spouses, and is accomplished through a Brazilian notarial office known in Portuguese as "Cartório".

MARRIAGEABLE AGE

Minimum age for marriage is 18 years for men and 16 for women. Parental authorization, or that of a guardian, is required if one of the parties is a minor (under 21 years old).

PROCEDURE

Registering the intention to marry

Parties should go in person to the Civil Registry Office (Cartório de Registro Civil) accompanied by two witnesses. Witnesses must be 21 years or older, have a valid Brazilian ID and CPF (Cadastro de Pessoa Física) document. All signatures must be certified by the "Registro de Notas". These forms will be used for registration as well as the payment of a required fee.

Registering the intent to marry is not the same thing as registering the actual marriage.

All documents are required to be submitted in their original form as well as a copy when registering the intent to marry. If the documents are in the EnglisHh language, the parties must provide a translation by a sworn public translator and authenticated by a local public notary (Tabelião).

Documents Required to File Intention to Marry

The following documents are required to get married

Passport (original) or an original RNE (Registro Nacional de Estrangeiros), also a copy of the passport, including the biographical data page and any other pages containing information such as the last entry visa in the country (authenticated and translated by a sworn public translator and authenticated by a local public notary, "Tabelião").

Original Birth Certificate

If one of the parties is divorced or widowed, they will have to present previous marriage, divorce or death certificates as applicable. If these documents are not from Brazil they must be authenticated by the Brazilian Embassy or Consulate in the country of origin and translated into Portuguese by a sworn public translator. The "Supremo Tribunal Federal" in Brasília must also legalize divorce decrees from countries other than Brazil. This procedure generally requires the assistance of a Brazilian attorney.

A Certificate of Single hood or Record of No Marriage certified by Itamaraty.

"Certidão de Inscrição Consular", this document is requested if the party's birth certificate does not show the parent's full name.

Application form: To register the intention to marry.

The Brazilian Identity Card (if applicable), photocopy of the document is needed if the party is a temporary or permanent resident of Brazil, authenticated by a local public notary.

If the party is in Brazil on a permanent resident visa (Carteira de Residente Permanente) or as a temporary worker (Carteira de Temporário), some of the above documents may be waived.

MARRIAGE LICENSE

Once the above documents have been filed and the fees paid, a waiting period of 30 days begins for the marriage license to be approved. From this point, the marriage licence is valid for three months during which time the parties may legally get married.

REGISTERING THE MARRIAGE

Another fee is charged to register the marriage at the Civil Registry Office (Registro de Títulos e documentos). This registration must take place prior to the civil marriage.

Civil marriage in Brazil is bureaucratic. The process can be slow and legal rules are rigid. All individuals, regardless of nationality, who desire to be married in Brazil, must comply with the Brazilian Law.

The process must begin at a Brazilian notarial office (Cartório), and according to the local law, the office chosen depends on the parties' Brazilian residence. Marriages are performed at the Civil Registry Office that has jurisdiction over the residence of the registration of the party.

The Civil Registry Office provides all the required forms and pertinent procedural information necessary to be married in Brazil. It is wise to visit the local Civil Registry Office to obtain a list of the documents required for the marriage to be legally registered since the list may vary from State to State. If neither party are Brazilian citizens, they may visit the Civil Registry Office closest to where they would like to get married.

Religious ceremonies may be performed but they are not legally recognized, therefore they are also not considered legally binding. Civil Ceremonies may be performed at Civil Registry Offices (Registros Civis).

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